Law Commons^™

The Consequences Of The Insanity Defense: Proposals To Reform Post-Acquittal Commitment Laws, James W. Ellis

Faculty Scholarship

There are sound public policy reasons for considering a reform of state laws concerning commitment of insanity acquittees. A balanced system of special commitment can protect the public safety and, at the same time, give acquittees a fair hearing on their current mental condition and continuing need for confinement. Special commitment can also insulate general commitment laws from political pressures that can arise from the prospect of the possible release of notorious insanity acquittees. Several of the recently proposed model reforms, however, have features that commend them to the attention of state legislators. The Oregon model of using a Psychiatric …

New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson

Faculty Scholarship

In courtroom drama, the spotlight rarely falls on an empty chair. That may change, due to a new Colorado statute allowing factfinders to consider the negligence or fault of nonparties in tort actions. The new statute may not give nonparties starring roles in every trial, but it will certainly thicken the plot.

From Confidential Supervision To Market Discipline: The Role Of Disclosure In The Regulation Of Commercial Banks, Alfred Dennis Mathewson

Faculty Scholarship

This Article examines traditional regulatory discipline, the development of a legal basis for confidential supervision, the role of the SEC and federal securities laws in the development of a public disclosure system for banks and bank holding companies, and the utilization of public disclosure to achieve market discipline as a major tool in preventing bank failure and maintaining the stability of the banking system. The scope of this Article is limited to the regulation of commercial banks, whether state or federally chartered, by the following federal bank regulatory agencies: the Office of the Comptroller of the Currency (Comptroller), the Federal …

El Salvador: Methods Use To Document Human Rights Violations, Gloria Valencia-Weber

Faculty Scholarship

This study describes and analyzes the methods used to document human rights abuses in El Salvador, focusing on the methods used by the United States Government through its Embassy in San Salvador, and by Tutela Legal, a nongovernmental monitoring agency in San Salvador. The authors examined Tutela and U.S. records which were relevant and available for 1980 through 1984 and used post-1984 official statements which relate to methods. The focus is on the method used for the documentation of the murder or disappearance of civilians. This paper begins with an examination of the current international human rights standards as they …

Politics And The Courts: The Struggle Over Land In San Francisco 1846-1866, Christian G. Fritz

Faculty Scholarship

The struggle over land constitutes one of the most persistent and important themes of Californias nineteenth-century legal history. Ultimately that struggle pitted those who had objections to the concentration of land in a few hands against those who believed in the sanctity of vested interests; those who recognized the letter and spirit of treaty obligations to Mexico, against those with an antipathy toward Hispanics; those concerned with protecting the public's welfare against real estate speculators; and the civil law against the common law tradition. While the struggle over land in San Francisco was not typical of all California land disputes, …

The Tunnel Vision Of Legal Training, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Rising Above Principle, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

The Revival Of Fact Pleading Under The Federal Rules Of Civil Procedure, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Hearsay Rule And The Stability Of Verdicts: A Response To Professor Nesson, Roger C. Park

Faculty Scholarship

No abstract provided.

Images From Abroad: Making Direct Broadcasting By Satellites Safe For Sovereignty, Joel R. Paul

Faculty Scholarship

No abstract provided.

Can Regulators Of International Capital Markets Strike A Balance Between Competing Interests?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Strategies For Ameliorating The Immigration Consequences Of Criminal Convictions: A Guide For Defense Attorneys, Maryellen Fullerton, Noah Kinigstein

Faculty Scholarship

No abstract provided.

Justice William J. Brennan, Jr.: A Justice For All Seasons, Joel Gora

Faculty Scholarship

No abstract provided.

Can Regulators Of International Capital Markets Strike A Balance Between Competing Interests, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Concept Of Religion In State Constitutions, Kent Greenawalt

Faculty Scholarship

A year and a half ago an article of mine was published on religion as a concept in constitutional law. The article concerned how courts should approach decisions about whether a belief, practice, organization, or classification is religious. The article did not address, except in passing, what the constitutional standards under the free exercise and establishment clauses should be if something that is religious is aided or inhibited in some way. Since in most cases arising under the religion clauses, the presence of something religious is not itself disputed, my article concerned only a small slice of religion cases.

My …

Natural Law And Political Choice: The General Justification Defense – Criteria For Political Action And The Duty To Obey The Law, Kent Greenawalt

Faculty Scholarship

During most of this century, a distinct separation has existed between natural law perspectives and perspectives about the nature of law and about social choices that have dominated American law schools. One could find elaborations of natural law in Catholic law schools and periodicals, but these expressions exercised little influence on the mainstreams of legal thought. In the last two decades, non-Catholics have grown to realize that they have much to learn from natural law approaches, and natural lawyers have tried to enhance their own understandings by references to other perspectives. I am emboldened to proceed by my strong belief …

The Iran-United States Claims Tribunal 1981-1983, Lori Fisler Damrosch

Faculty Scholarship

It is in the nature of publishing schedules that this volume of papers presented at a colloquium in April of 1983 was printed in 1984, distributed in 1985, and reviewed in an issue to appear in early 1986. Those who have actively followed the work of the Iran-United States Claims Tribunal are necessarily familiar with a large portion of the contents of this book. Not only were three of the seven chapters previously published elsewhere, but much of the descriptive and some of the analytical material throughout the book has been dealt with in a more timely fashion in the …

Banning The Bomb: Law And Its Limits, Lori Fisler Damrosch

Faculty Scholarship

We can all agree with the contributors to this volume that nuclear weapons present the threat of unimaginable devastation that could bring an end to civilization and even to life on this planet. The grim calculations and stark images come back again and again, but they cannot be repeated too often: over 50,000 weapons in the United States and Soviet arsenals, each with a destructive force dwarfing the explosions at Hiroshima and Nagasaki; radiation effects producing indescribable suffering and death; environmental damage that defies quantification or prediction; the specter of nuclear winter rendering the earth uninhabitable. No rational being can …

Antitrust Implications Of Professional Sports Leagues Revisited: Emerging Trends In The Modern Era, The , Thane Rosenbaum

Faculty Scholarship

In a nation where sports entertainment is such a vital part of the American experience, it is somewhat surprising that the precise law governing the relationship between professional sports leagues and the Sherman Act is so noticeably confused and unsettled. Those who have sought uniformity in this area of law and scholarship had hoped to achieve some level of consistency between the highly developed principles embodied in traditional antitrust law, and that which seems to have evolved in the sports entertainment industry. What has remained from this academic if not athletic exercise is certainly not coherence, but rather a series …

Justice Jackson's Flag Salute Legacy: The Supreme Court Struggles To Protect Intellectual Individualism, Leora Harpaz

Faculty Scholarship

The first amendment has long protected a complex and interwoven range of individual interests. Protected freedoms often involve expressive activities-religion, speech, the press, assembly, and association. The first amendment also protects an individual's freedom to refrain from expressive activity.

Two distinct kinds of liberty interest support the right to refrain from expressive activity. First, individuals have an interest in not being forced to reveal information about personal beliefs or associations. Such a claim may arise in a variety of contexts: a reporter may not wish to reveal the identity of news sources for fear of discouraging future revelations; a public …

Non-Determinative Discrimination, Mixed Motives, And The Inner Boundary Of Discrimination Law, Sam Stonefield

Faculty Scholarship

This Article describes a form of discrimination – called non-determinative discrimination – that involves types of conduct that are not covered by current doctrine but that should be protected in order to serve the purposes of the laws against discrimination. It addresses the issue of mixed-motive discrimination and anticipates (and provides a framework for) the hostile environment claims of the 1990s.

A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau

Faculty Scholarship

This article argues for the need to inform divorce proceedings with a sense of the human reality of matrimonial breakdown. Part one assesses the adequacy of the existing adjudicatory approach to divorce by focusing upon the hiatus between the legal approach to divorce and the emotional content of divorce disputes. Part two lays the foundation for constructive change, providing a statistical portrait of divorce in contemporary America. Part four discusses mediation and suggests that it is a more viable alternative mechanism to divorce litigation. Part five discusses the implementation of a judicial arbitration structure.

The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Professor William J. Riegger–A Man Who Had A Gift With People, James R. Mccall

Faculty Scholarship

No abstract provided.

Nix V. Whiteside: The Lawyer's Role In Response To Perjury, James R. Mccall

Faculty Scholarship

No abstract provided.

The Battered Woman Syndrome And Self-Defense: A Legal And Empirical Dissent, David L. Faigman

Faculty Scholarship

No abstract provided.

The Bad Faith-Harassment Exception To The Younger Doctrine: Exploring The Empty Universe, C. Keith Wingate

Faculty Scholarship

No abstract provided.

The Official Texas Court Reports: Birth, Death And Resurrection, Jim Paulsen, James Hambleton

Faculty Scholarship

Texas, like a number of other states, has ceased publication of its "official" reporters- -Texas Reports on the civil side and Texas Criminal Reports for criminal cases. What, then, is the "official" version of a Texas Supreme Court or Court of Criminal Appeals decision today? The Southwestern Reporter? Southwestern Reporter: Texas Cases? The Texas Supreme Court Journal? Perhaps the original signed typescript on record in the court clerk's office?

The answer, as the reader may have guessed, is "none of the above." But, as we shall see, a current "official" source for court opinions is, in …

Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski

Faculty Scholarship

No abstract provided.